Oates v Attorney-General (Cth) [2003] HCA 21

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH, GUMMOW, KIRBY, HAYNE AND HEYDON JJ

ANTONY GORDON OATES APPELLANT

AND

ATTORNEY-GENERAL FOR THE COMMONWEALTH

OF AUSTRALIA & ANOR RESPONDENTS

Oates v Attorney-General (Cth) [2003] HCA 21

Date of Order: 4 March 2003

Date of Publication of Reasons: 10 April 2003

S431/2002

ORDER

Appeal dismissed with costs.

On appeal from the Federal Court of Australia

Representation:

J E Griffiths SC with S E Pritchard for the appellant (instructed by Michell Sillar)

A Robertson SC with S B Lloyd and G A Hill for the respondents (instructed by Australian Government Solicitor)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Oates v Attorney-General (Cth)

Extradition – Request for surrender of alleged fugitive offender from foreign state – Where extradition treaty exists with foreign state – Whether offences referred to in request were offences listed in extradition treaty – Whether request lawful.

Constitutional law (Cth) – Executive power – Power to request surrender of alleged fugitive offender from foreign state – Whether power abrogated by statute – Whether limitations, conditions, exceptions or qualifications imposed upon power to request surrender – Whether power may only be exercised in relation to extraditable offences as listed in extradition treaty with foreign state – Extradition Act 1988 (Cth), ss 3, 11, 40.

Statutory interpretation – Executive power – Power to request surrender of alleged fugitive offender from foreign state – Whether power abrogated by statute – Whether statute abrogates power by express words or necessary implication – Extradition Act 1988 (Cth), ss 3, 11, 40.

Extradition Act 1988 (Cth), ss 3, 11, 40.

Extradition (Foreign States) Act 1966 (Cth), ss 9, 21.